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(영문) 서울중앙지방법원 2019.05.09 2018고합1183
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

A defendant shall be punished by imprisonment for three years.

Disclosure and notification of information on the accused for five years.

For the defendant.

Reasons

Criminal facts

On May 12, 2005, the defendant and the person subject to an application for an attachment order (hereinafter referred to as "defendant") were sentenced to eight months of imprisonment for indecent act by compulsion at the Seoul Eastern District Court on July 14, 2006, and the same court was sentenced to four years of imprisonment for violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, and for indecent act by compulsion, and completed the execution of the sentence in the former prison on May 2, 2010. On July 13, 2017, the same court was sentenced to one year of imprisonment for building intrusion and completed the execution of the sentence in the second prison on May 10, 2018. On September 18, 2018, the Seoul Central District Court was sentenced to six months of imprisonment for obscene act by compulsion, and the judgment became final and conclusive on September 27, 2018.

【Criminal Facts】

On July 16, 2018, the Defendant: (a) had the mind to commit an indecent act against the female following the married female, and (b) around 00:26 on July 16, 2018, the Defendant discovered the victim C (W, 36 years of age) who is waiting to be mixed and waiting for committing the crime, and followed the victim's back, and then went back to the studio building located in D in the same Gu where the victim lives.

At around 00:39 on the same day, the Defendant: (a) deemed the victim to open a joint studio building and enter the building following the victim; (b) followed the victim, and (c) committed an indecent act by force against the victim by holding the studio in front of the studio in which the victim was living.

Accordingly, the defendant invadedd the residence of the studio occupants, including the victim, and forced the victim to commit an indecent act.

[Fact that constitutes a ground for attachment order] The Defendant was sentenced to imprisonment twice with prison labor for a sexual crime, as described in the records of criminal records, and ten years have not passed since the completion of the execution of the sentence. The instant sexual crime is a multiple method similar to the previous sexual crime, despite the fact that the Defendant committed two or more sexual crimes.

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